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Welcome to

New Park Court Chambers

"Regarded as ‘one of the most prominent sets for crime in the North of England’."
- Legal 500 2015

Private Client

"Clients 'would strongly recommend New Park Court Chambers to anyone looking for a strong criminal or regulatory lawyer'."
- Chambers and Partners 2016

Jeremy Phillips 2004

As a leading solicitor /partner in two international law firms, turned barrister, Jeremy now represents companies, as well as government departments, councils, police forces and residents’ groups across a unique range of associated legal disciplines.

Jeremy’s diverse practice includes:
Public inquiries – supporting the Weymouth Relief Road and South Devon Link Road, objection to the £4.1bn Thames Tideway Tunnel project, rail crossing extinguishment orders (Network Rail) and representation (pro bono) of the Ramblers’ Association in relation to the Bus Rapid Transit Scheme

Regulatory prosecutions – for the Environment Agency, Marine Management Organisation and local authorities concerning a range of waste, food and breach of licensing offences, as well as representing individual companies in relation to due diligence and confiscation issues

Licensing applications – from local authority to Court of Appeal, determining novel issues arising in the alcohol, entertainment and gambling legislation

Complex mediations – including the multi-party multi-issue mediation arising from the Business & Enterprise Select Committee (BESC): Relationship Between Pub Companies And Lessees – Seventh Report of Session 2008-09; and

Advisory – contributions to the work of the Law Commission, Department of Culture Media and Sport, Cabinet Office and former Department for Business, Enterprise & Regulatory Reform, as well as the Bar Council (elected member) and the Licensed Trade Charity (trustee).

Solicitors and their lay clients have repeatedly recognised the benefits that such a breadth of experience and practice can bring:

“A very good advocate whose courteous and knowledgeable manner instils confidence in clients. He has gravitas before tribunals.” Chambers and Partners [2015]

“He’s noted for his straightforward and extremely persuasive representation of both commercial and public body clients before all types of tribunal.” “A calm, organised and measured advocate who has the benefit of many years’ practical experience.” “He’s a polished and very persuasive opponent.” Chambers and Partners [2014]

“the ‘vastly experienced’ Jeremy Phillips, who is ‘utterly reliable, and very good value for money’” The Legal 500 [2013]


Planning, Infrastructure, Rights of Way & Town and Village Greens

Jeremy Phillips has a broad range of experience in the specialist field of planning work, ranging from major infrastructure inquiries (for an interested party at the hearing stage in the £4bn Thames Tideway Tunnel project to assisting in the promotion of the Weymouth and Newton Abbot bypass schemes), advising on draft Core Strategy, High Court challenges on technical issues (Beazer Homes re monies held under a s.106 and Metro Construction re designation of conservation areas) to smaller inquiries on enforcement issues and housing and retail development schemes. Jeremy recently represented the Bristol Ramblers Group, at an Inquiry concerning Bus Rapid Transit (BRT) system.
Jeremy has also gained unique experience at the Infrastructure Planning Commission, working in-house on the development of the new regime.

Notable cases:
• Mexico Crossing – securing rail extinguishment order for Network Rail, addressing the range of important technical, social and legal issues arising

• Thames Tideway Tunnel project – representing an interested party in relation to the impact of the project, raising novel issues under the Planning Act 2008 and securing necessary ‘requirements’ in approved DCO

• Reliant Building Contractors Ltd v Nuneaton & Bedworth Borough Council: Midland Road, Nuneaton, Warwickshire (APP/W3710/A/12/2176750) – proposed developments of erection of 84 houses. Successful appeal under section 78 against refusal to grant outline planning permission

• RB of Tunbridge Wells v Arriva Plc (on behalf of Tesco Stores) [APP/M2270/A/10 /2138774] – resisting appeal against refusal of permission for development of new retail store in District Centre

• Greensquare Residents Association) v Higgins Homes PLC & Ors – TVG Inquiry on behalf of residents association [LLC/MM/004/2008]

• Hampshire CC v Beazer Homes Ltd [2010] EWHC 3095 (QB) – declaratory proceedings jointly with Leading Counsel as to the obligations of LPAs in relation to monies held under a s.106 agreement (2010)

• R (on the application of Metro Construction Ltd) v Barnet London Borough Council [2009] EWHC 2956 (Admin) – jointly with Leading Counsel concerning the lawfulness of the designation of sites as Conservation Areas (2009)

• Weymouth Relief Road – public inquiry jointly with Leading Counsel into major infrastructure proposal (2008) – resulting in the confirmation of the CPOs needed to enable the construction of the road required for the 2012 Olympics to proceed. Similarly involved in 4 week public inquiry into the South Devon Link Road (2009)

• McCarthy & Stone (Developments) Ltd v Hertsmere Borough Council [APP/N1920/A/07/2018226] – resisting appeal against refusal to grant planning permission and proposal to meet affordable housing requirement with off-site provision


Environment & Regulatory Crime

Jeremy Phillips’ experience in the regulatory field over a period of 30 years ranges from defending leading supermarket retailers in smaller scale prosecutions for breach of trading standards and food safety legislation, to involvement in major environmental and health and safety criminal cases, both as prosecution and defence counsel.
He is also co-author of the new leading work: The Law of Regulatory Enforcement and Sanctions – A Practical Guide, which examines the potential impact of the Regulatory Enforcement & Sanctions Act 2008.

• Slough BC v Sabar Bros – H&S prosecution for s.2 and s.3 HSWA offences and breach of LOLER requirements concerning safety of goods lifts. Minimising penalty through Newton hearing

• Warwick District Council v Raschien –challenging Noise Abatement Notice. Local authority sought unsuccessfully to appeal outcome to High Court by way of Case Stated

• Stevenage BC v Precup – successfully prosecuted a range of food labelling offences

• EA v Stroud – representing defendant in the Crown Court in relation to confiscation proceedings arising from a larger complex prosecution operation

• R (on prosecution by LB of Tower Hamlets) v Fitness & Leisure club – representing national operator in noxious fumes case through to a highly successful outcome

• Hart DC v Medvit Ltd – defence of hotel/conference centre for breach of food hygiene regulations

• The Queen on the application of Clive Rees Associates, Solicitors and Swansea Magistrates’ Court and Rees Davies and Partners, Solicitors [2011] EWHC 3155 (Admin) – drafting/advising upon successful application to the Divisional Court challenging unlawful transfer of legal aid in criminal proceedings

• R (on prosecution by the Environment Agency) v Paul Crabb – representing EA in Crown Court trial for range of waste offences

• Environment Agency v Two Sisters Food Group Ltd – appearing on behalf of defendant in relation to allegations of multiple breaches of Environmental Permitting (England & Wales) Regs 2007

• HSE v Citytex – HSE prosecution and Newton hearing into causes of substantial building collapse; having regard to civil issues

• Matthew Castle v North East and North West Hampshire JJs CO/6940/2007 (Admin) – food safety prosecution; judicial review of justices refusal to state a case

• Health And Safety Executive v KD Childs (1) & Persimmon Homes (Midlands) Limited – representing HSE at inquest into fatality arising from the application of certain building systems on site


Licensing

As a solicitor Jeremy Phillips was recognised for many years as one of the leading practitioners in England and Wales, conceiving and launching the successful High Court decision which enabled pubs and bars throughout the country to open all day for the 2002 World Cup. He has been involved since in many of the leading decisions in this field, before licensing committees, magistrates and in the High Court, enjoying representing operators, residents, police and licensing authorities (e.g. Gurgur v London Borough of Enfield [2013] EWHC 3483 (Admin); R (Lalli) –v- Metropolitan Police Commissioner and Newham Borough Council [2015] EWHC 14 (Admin), R (Thompson and Spearmint Rhino Ventures (UK) Limited) v Oxford City Council [2014] EWCA Civ 94 and Chohan v Gambling Commission [2012] UKFTT (Gen).
Jeremy is Editor in Chief of Paterson’s Licensing Acts, the only work of reference in this field. He is frequently called upon to speak in public on licensing issue; recent appearances include a House of Commons committee and ‘You & Yours’ with Peter White MBE on BBC Radio 4.

Notable cases:

Isle of Man Enterprises Plc v All Island Licensing Court (1) & Tesco Stores Ltd (2)  – advised local retailer on legal issues arising under Manx law concerning challenge in the Licensing Court of Appeal on issues of vires and potential bias. Drafting necessary Petition of Doleance and Case Stated. Application to Adjourn granted as sought.

• Gurgur v London Borough of Enfield [2013] EWHC 3483 (Admin) – determined which policies and versions of S of S Guidance should apply to licensing appeals

• R (Lalli) –v- Metropolitan Police Commissioner and Newham Borough Council [2015] EWHC 14 (Admin) – whether premises could be said to have become associated with serious crime on the basis of a single incident involving some violence

• R (Thompson and Spearmint Rhino Ventures (UK) Limited) v Oxford City Council [2014] EWCA Civ 94 – extent to which licensing authority able to refuse renewal without distinguishing from previous grant

• Chohan v Gambling Commission [2012] UKFTT (Gen) – duties of a holder of a personal management licence. First ever appeal determined by First Tier Tribunal (Gen – Gambling)

• Little France Ltd v Ealing London Borough Council (2013) QBD (Admin) – Where a licensing authority had imposed restrictions on a premises licence for a nightclub without giving reasons and the magistrates’ court had dismissed an appeal against that decision, an appeal by way of case stated was allowed and the matter was remitted to the licensing authority to give a reasoned decision. Costs awarded

• Crawley BC v Attenborough [2006] EWHC 1278 Admin – entitlement of Justices to order licensing authority to pay costs on appeal – requirement for conditions imposed to be intelligible to parties and those not involved in the proceedings

• R (on the application of the British Beer and Pub Association and Others) v Canterbury City Council [2005] EWHC 1318 Admin – clarified the extent of a licensing authority’s power in relation to its published policy

• Hashtroudi v Bournemouth Borough Council (2012) – Despite objections from Dorset police, councillors and residents, Bournemouth magistrates overturned a decision of the licensing authority and granted a licence to a 480 person capacity bar and nightclub in the town’s cumulative impact zone

• Combine Leisure Limited v Chief Constable of Avon & Somerset Constabulary (2011) – successfully resisting an appeal against revocation. Also pursuing application for summary review, overturning High Court stay on suspension of licence and securing an costs order against director in his personal capacity

• Chief Constable of Cambridgeshire v JD Wetherspoon (2007) Tesco Express (2009) Waitrose (2010) All Saints Ltd (2010) – objecting on behalf of the police to various applications in and around the city centre

• Marstons Plc (1) and Greene King Pub Company Ltd (2) v Chief Constable of Nottinghamshire – representing appellants in two separate appeals against decisions made on premises licence reviews, following a related fatality in the area (2010)

• Gambling Commission v Powerhouse Sporting Club – representing Gambling Commission opposing application by former ‘Gutshot’ club to re-open under the Gambling Act 2005 as a club offering poker tournaments (2008)

• Remenham Farm Residents Association v COPAS Partnership – representing residents following the extended licensing (including festivals) surrounding the Henley Royal Regatta (2006 -2011)

Non-contentious
• Commercial contracts – advisory work on issues of overage, conditional contracts, auction particulars etc

• Insurers (City of London) – comprehensive revision of specialist ‘loss of licence’ policy

• SIA – advising international exhibition venue on various technical issues arising under Private Security Industry Act 2001

• Gambling Commission – advisory work on various elements of published policy

• Mediation – various, including multi-party multi-issue mediation arising from the Business & Enterprise Select Committee (BESC): Relationship Between Pub Companies And Lessees – Seventh Report of Session 2008-09. To see further details of Jeremy’s mediation profile, please click here

• SENDIST – supporting parents through IPSEA – appeals under the Education Act 1996

Mediation Experience/Qualifications
• CEDR (Centre for Effective Dispute Resolution) – Accredited Mediator (October 2007)

• SCMA (Standing Conference of Mediation Advocates) – Member

• Co-Mediator with Michel Kallipetis QC in unprecedented mediation concerning contractual, commercial and property issues affecting the licensed trade (see Seventh Report (2009) Business & Enterprise Select Committee)

• Resolution of licensing and environmental disputes concerning a major national sporting event by informal mediation (advocate)

• Successful mediation of long standing major environmental (involving national regulator) and separate local land ownership and boundary disputes

• “Finding Common Ground” (‘Planning’ magazine March 2008 – with John Parmiter)

Pro Bono
Jeremy Phillips is also a member of the Review Panel for LawWorks, a charity which aims to provide free legal help to individuals and community groups who cannot afford to pay for it and who are unable to access legal aid, and for whom he reviews applications for assistance and in a limited number of approved cases, conducts mediations.
Jeremy is also a trained volunteer for the work of IPSEA, a national charity providing free legally based advice to families who have children with special educational needs. In appropriate cases he will represent parents and their children before the SENDIST (Special Educational Needs and Disability Tribunal).
He is now a trustee of the Licensed Trade Charity, which has supported licensees since 1756.

Publications
• Editor in Chief of ‘Paterson’s Licensing Acts’ since 1997 and advises the Department of Culture Media and Sport in that capacity

• Consulting Editor to ‘Licensing Review’

• ‘Halsbury’s Laws of England and Wales’(contributor to 4th and 5th Editions)

• ‘Phillips’ Licensing Guide’ (1st, 2nd and 3rd Editions)

• ‘New Law Guide’, ‘The Lawyer’s Remembrancer’

• ‘Gambling for Local Authorities

• The Law of Regulatory Enforcement and Sanctions – A Practical Guide (Co-author) was published by the Oxford University Press in 2011.
He has for many years chaired and spoken at major conferences

Qualifications and Appointments
• Solicitor to the Supreme Court: admitted – 1980. Non-practising from 2004

• Barrister: Date of Call – 2004 (Inner Temple) Francis Taylor Building (2006-date)

• Member of the Bar Council (2014-date) Ethics Committee (2015-date)

• Accredited Mediator – Centre for Effective Dispute Resolution (CEDR) (2008-date)

• Member of an Expert Legal Panel established by the Law Commission concerning taxi law reform

• Member of: Western Circuit; Attorney-General’s Panel (2006-2012); Constitutional and Administrative Law Bar Association (ALBA); Planning & Environment Bar Association (PEBA); Health & Safety Lawyers Association (HSLA); UK Environmental Lawyers Association (UKELA); Member of the Association of Regulatory & Disciplinary Lawyers (ARDL). Associate member: St John’s Chambers (Bristol)(2012); New Park Court Chambers (Leeds) (2015)

• Fully accredited by the Bar Council to accept Public (direct) Access work (2010-date)

Career
Qualified as solicitor in London in 1980. Partner Cartwrights (1982). Co-founder Holt Phillips (1984). Equity partner Eversheds (following merger with Holt Phillips) (1994). Partner Osborne Clarke (2001) upon consolidation of Eversheds’ South West practices in Cardiff. Leader of national teams in both firms. Called to the Bar in 2004. Member 2-3 Gray’s Inn Square (2004). Accredited mediator – CEDR (2008). Chambers of Andrew Tait QC, Francis Taylor Building (‘FTB’), Inner Temple (2006 – date).